On January 29, 2016, President Obama announced a series of actions intended to close the gender pay equity gap, including proposed revisions to the EEO-1 form that would require the submission of detailed pay information.
As President Obama stated in his press conference, and as set forth in a White House Fact Sheet, “New Steps to Advance Equal Pay on the Seventh Anniversary of the Lilly Ledbetter Fair Pay Act,” the Equal Employment Opportunity Commission today issued a proposed rule to expand the information collected on the EEO-1 form. The EEO-1 form must be submitted annually in September by (1) employers with more than 100 employees and (2) government contractors with more than 50 employees and more than $50,000 in federal contracts or subcontracts. It requires employers to provide information regarding the race, ethnicity, sex, and job category of their workforce. The proposed revision would add the requirement to provide aggregated data on pay and hours worked, broken down into pay bands by the same race, ethnicity, and sex categories. According to the EEOC’s press release on the EEO-1 revisions, the EEOC and the OFCCP will use the submitted data to analyze pay disparities across industries and occupations, and facilitate federal antidiscrimination actions. In addition, EEOC will publish aggregated data that employers can use in their own voluntary compliance efforts.